Consent order necessary?

[Misty9]

I did a quick search on this but it's probably specific to my circumstances... Do I have to get a consent order before applying for the divorce? Separated 2yrs, we've divided all assets and both bought houses with proceeds from sale of family home (I know, but it's amicable), he pays spousal but that ends next month, no cm payable as 50 50.

I started filling out the application form to apply for a consent order, but none of the boxes on orders to apply for (periodical payments, property adjustment etc) are applicable to our situation. So do we need a consent order? Plan is to do the divorce paperwork and send to the courts as it's been 2yrs.

I would say yes. It may be very amicable now but if either of you inherit, have a new partner or hits hard times, it could cease to be amicable and they will want cash. Or if he dies then whoever inherits could do the same. One bit of paperwork now to stop a lifetime of just hoping that never happens? I would...

You apply for the divorce first, then consent orders are submitted for approval after decree nisi stage. You’ll need to file a D81 with the consent order which is a statement of means. There isn’t a form as such to create the consent order - use online templates, online services or a solicitor to draw one up with whatever you have agreed.

@GemmaFoster

You apply for the divorce first, then consent orders are submitted for approval after decree nisi stage. You’ll need to file a D81 with the consent order which is a statement of means. There isn’t a form as such to create the consent order - use online templates, online services or a solicitor to draw one up with whatever you have agreed.

So I don't need to do a notice of a financial application? That's the order of events as described on the gov.uk website...?

You can definitely get the Nisi and absolute without the consent stuff. So £550 for one and £50 for the other. Apply online cos it's fast and easy.
However it's considered wise to sort the consent stuff out before absolute as you can each still go after each others money until there's a consent order in place. Although as a layperson it's all a bit tricky to understand if lottery wins and inheritances would actually be fair game. There are firms advertising to lure people in who never got consent orders - so one would imagine there might be decisions to be overturned.

Will it remain amicable?
Have you both updated where you would want pension pay outs to go if you drop dead.
Have you made wills?

To be honest I freaked out big time when my ex rushed us through to absolute. So did he when he realised he'd applied for it whilst drunk. It's trickier for us cos we haven't split our assets yet like you but we need court agreement to do fiddly stuff with equity split and mortgages etc.

Basically we're completely legally divorced, free to marry etc.

My pension payout is still him and we still have mirror wills in place. We do plan to change the latter but we also know that any money would ultimately go towards looking after the kids full time if one of us died. He's single although I guess I might feel differently if he does meet/move in with someone else (unlikely, for various reasons).

I can see the point of the consent order but the gov website says I have to do this application thing first and I can't see how as none of the boxes apply! Applying online for the divorce also implies the consent order comes first as it asked me about that first.

Apply for divorce
Get Nisi
Get consent order (regardless, protect yourself first the future)
Get Absolute

Yeah it said that on ours too.
Absolute still went through though.
The official response when I queried it was pretty much "oops. Hmm too late now"

Oh, there is nothing to stop the Absolute going though, a consent order isn't required but you should get it to protect yourself.

Thing is that once the Nisi is in place there's the set number of weeks plus 1 day and the Petitioner can apply for the absolute but then another set number of weeks and the Respondent can apply for it too (I think it's 6 weeks).

Agreed, but the Absolute doesn't stop you applying for a consent order.
The above is the advised way to do it,but regardless it is worth looking into a consent order to protect yourself.

I will do a consent order but I got confused because the gov.uk website directed me to a form to notify my intention to file a consent order and none of the categories on that apply. I'll try going straight for the consent order though.

You may need to submit a form A with your consent order, which is an application for a financial order, and a consent order is a type of financial order. It depends on the courts to some extent. Potentially fill in a form A, add your consent order & D81, and a covering letter. The notice of application for a financial order ‘form A’ is generally required when you & other party don’t agree & you wish to start proceedings that will require a judge to decide. I’m afraid it is a bit of a grey area, but send in what you have, after your nisi, and see what the court says.

It was form A which was confusing me as none of the boxes to tick applied. We both agree so I think I can go straight to form d81, but I've seen I can only do that once I've got the nisi - and I've now discovered that the divorce application takes the later date of when the marriage ended versus when you separated, so I can't do any of it until April, frustratingly

How are you considering those 2 dates?

If none of the boxes apply you need to go on wikivorce, type what you have here and the legal types will help you. The 'consent order' is the contract spelling out what you've agreed. The form you're talking about is the brief financial form advising you want a consent order and sometimes solicitors advise writing on it in a way you wouldn't know how ie striking through sections and writing legal terms.

Wikivorce is the site you need.

Remember also OP that once you're divorced any will you made prior to divorce is void.